[Congressional Record Volume 172, Number 93 (Tuesday, June 2, 2026)]
[Senate]
[Page S2498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5452. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 2, to provide for reconciliation pursuant to title
II of S. Con. Res. 33; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-WEAPONIZATION
FUND; REALLOCATION TO FRAUD ENFORCEMENT.
(a) Definitions.--In this section:
(1) Settlement agreement.--The term ``Settlement
Agreement''--
(A) means the settlement agreement styled Trump v. Internal
Revenue Service, No. 1:26-cv-20609-KMW (S.D. Fla.), executed
on or about May 18, 2026; and
(B) includes any implementing order, memorandum, directive,
agreement, modification, or successor instrument with respect
to the agreement described in subparagraph (A).
(2) Anti-weaponization fund.--The term ``Anti-Weaponization
Fund'' means any fund, account, claims process, compensation
mechanism, or successor entity established or contemplated
pursuant to the Settlement Agreement, by whatever name
designated.
(3) Covered activities.--The term ``covered activities''
means any of the following:
(A) Establishment, capitalization, staffing, or operation
of the Anti-Weaponization Fund.
(B) Review, processing, administration, auditing, or
adjudication of claims submitted under the Settlement
Agreement.
(C) Issuance of monetary awards, reimbursements, debt
relief, attorneys' fees, compensation, grants, transfers, or
other financial benefits pursuant to the Settlement
Agreement.
(D) Implementation, defense, or enforcement of any order of
the Attorney General issued to carry out the Settlement
Agreement.
(b) Restriction on Use of Appropriated Funds.--
(1) General restriction.--Notwithstanding any other
provision of law, no funds appropriated or otherwise made
available by any Act of Congress, including amounts available
under section 1304 of title 31, United States Code (commonly
known as the ``Judgment Fund''), may be obligated,
transferred, reserved, committed, administered, or expended
for covered activities.
(2) Restriction on settlement authority.--The Attorney
General may not use any funds appropriated to the Department
of Justice, or exercise any authority under section 516 or
519 of title 28, United States Code, to negotiate, execute,
implement, or defend any agreement, order, or instrument that
would obligate funds of the United States for covered
activities.
(3) Construction.--Nothing in this subsection shall be
construed to affect the authority of the Attorney General to
settle or compromise claims against the United States in
matters unrelated to the Settlement Agreement.
(c) Reallocation.--
(1) Sense of congress regarding use of funds.--It is the
sense of Congress that the funds that would have been used by
the Attorney General for covered activities, but for the
restrictions under subsection (b), should instead be used for
fraud prevention and enforcement activities, in accordance
with this subsection.
(2) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Justice
for fiscal year 2026, out of any money in the Treasury not
otherwise appropriated, $1,700,000,000, to remain available
until expended, for fraud prevention and enforcement
activities, including--
(A) investigations and prosecutions under sections 3729
through 3733 of title 31, United States Code (commonly known
as the ``False Claims Act'');
(B) procurement fraud and grant fraud enforcement;
(C) public corruption investigations;
(D) forensic auditing and data analytics capabilities;
(E) coordination initiatives with inspectors general of
Federal agencies;
(F) recovery of improperly obtained Federal funds;
(G) criminal and civil fraud litigation; and
(H) anti-fraud technology modernization, including advanced
data analytics and case management systems.
(3) Reporting.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary and
the Committees on Appropriations of the Senate and the House
of Representatives a report detailing the use of funds made
available under this subsection, including the number of
investigations initiated, cases filed, and amounts recovered.
(d) Construction Regarding Rights and Claims.--
(1) No vested rights from settlement.--No person or entity
shall acquire any legally enforceable right, entitlement,
expectancy, or property interest arising solely from the
Settlement Agreement or from any proposed Anti-Weaponization
Fund process, unless expressly authorized by an Act of
Congress enacted after the date of enactment of this Act.
(2) Savings clause.--Nothing in this section shall be
construed to--
(A) prevent any person from pursuing any claim against the
United States through any judicial or administrative remedy
otherwise available under law independent of the Settlement
Agreement;
(B) affect any right or claim arising under sections 2671
through 2680 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act''), section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974''), or section 6103 or 7431 of the Internal Revenue Code
of 1986 that does not depend upon the Settlement Agreement
for its existence; or
(C) waive, modify, or limit the sovereign immunity of the
United States except as expressly provided in this section.
(e) Rule of Construction Regarding the Judgment Fund.--The
restriction under subsection (b) constitutes a limitation on
the availability of the permanent, indefinite appropriation
under section 1304 of title 31, United States Code, with
respect to covered activities, consistent with the authority
of Congress to impose conditions on the Judgment Fund as
recognized in the legislative history and judicial
interpretation of such section 1304.
(f) Supersession.--To the extent of any inconsistency with
any provision of the Settlement Agreement, or any order,
directive, or action of the Attorney General issued pursuant
thereto, this section shall supersede the provision, order,
directive, or action, as applicable.
(g) Severability.--If any provision of this section, or the
application of such provision to any person or circumstance,
is held to be unconstitutional or otherwise invalid, the
remainder of this section, and the application of such
provision to other persons or circumstances, shall not be
affected.
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